Training Day In Wisconsin

The Wisconsin Supreme Court has held that two prosecutor training videos may be shielded from public disclosure.

The majority opinion is authored by Justice Rebecca Grassl Bradley reversing the Court of Appeals

Wisconsin and this court are firmly committed to open and transparent government. The denial of public access occurs only in exceptional cases. This case presents one of those exceptional situations. The two videos requested here do not contain any evidence of official misconduct. The circuit court, the court of appeals, this court, and the Democratic Party all agree on this point. Both the 2009 and 2013 videos arise from confidential prosecutors’ training sessions, and both videos contain instruction on prosecutorial strategies and law enforcement tactics. The 2013 recording is an accounting of a single case and the functional equivalent of a prosecutor’s case file, which is exempt from disclosure under Foust. Further, it contains information, which, if released, would harm the public interest by re-traumatizing the victims and violating their privacy rights, contrary to the policies enshrined in our state constitution, statutes, and case law. In applying the balancing test required by Wis. Stat. § 19.35(1)(a), the DOJ record custodian gave specific reasons for nondisclosure, and our review independently demonstrates that the reasons proffered are sufficient and supported by the facts in this case. We reverse the decision of the court of appeals and deny the writ of mandamus.

Justice Abrahamson dissented

Our “Sunshine Law,” Wisconsin’s public records law, is a core principle of democracy: “[T]he people must be informed about the inner workings of their government and . . . openness in government is essential to maintain the strength of our democratic society.”

The majority opinion eclipses the “Sunshine Law.” It dims the lights on persons seeking information about Wisconsin government operations and——in the instant case——shuts the lights off on two records that show how district attorneys, charged with prosecuting all criminal actions within their prosecutorial units, fulfill their duties.

The majority opinion completely bars release of then Waukesha County District Attorney Brad Schimel’s video presentations at two different educational conferences…

The Department of Justice has presented no evidence that the two videos reveal any investigation and prosecution practices not already known or knowable in the public sphere. The Department of Justice has presented no evidence that information in the videos would hinder the state’s ability to prosecute sex offenders. The Department of Justice has presented no evidence that the videos disclose personally identifiable information about the crime victims…

The Department of Justice has not fulfilled its burden to show that the public interests favoring disclosure are outweighed by the public interests favoring secrecy in the instant case justifying barring release of the 2013 video in its entirety.

Justice Ann Walsh Bradley joined the dissent. (Mike Frisch)